Helmert v. Biffany, 2001-CA-01690-SCT.

• Decision Date: 17 April 2003
• Docket Number: No. 2001-CA-01690-SCT.,2001-CA-01690-SCT.
• Citation: 842 So.2d 1287
• Parties: John C. HELMERT, Jr. v. Tara J. BIFFANY.
• Court: Mississippi Supreme Court

842 So.2d 1287

John C. HELMERT, Jr. v. Tara J. BIFFANY.

No. 2001-CA-01690-SCT.

Supreme Court of Mississippi.

April 17, 2003.

Olen Lloyd Anderson, Bay St. Louis, attorney for appellant.

Richard J. Smith, Gulfport, attorney for appellee.

EN BANC.

DIAZ, J., for the Court.

¶ 1. At issue in this case is whether the youth court of Harrison County has jurisdiction to modify a visitation and support order rendered in a family court that has since been abolished by statute. Finding jurisdiction improper, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

¶ 2. On October 17, 1994, Tara J. Biffany (Biffany) filed a paternity proceeding in the family court of Harrison County, Mississippi, First Judicial District. Biffany alleged that John C. Helmert, Jr., (Helmert) was the natural father of her minor child, T.J.B. On October 2, 1995, the family court entered a judgment adjudicating Helmert to be the natural father of T.J.B. and setting forth child support obligations and a visitation schedule for the minor child.

¶ 3. In July 1996, Helmert filed a Petition for Contempt of the Judgment and Modification seeking, inter alia, to cite Biffany for contempt and to modify the visitation schedule set forth in the previous judgment. Biffany counter-claimed. On August 21,1997, the family court entered a judgment citing both parties for contempt and modifying the previous child support obligation and the visitation schedule.

¶ 4. During the 1999 legislative session, the Mississippi Legislature abolished the Family Court of Harrison County, Mississippi. 1999 Miss. Laws Ch. 423. On March 31, 2000, Helmert filed a complaint with the Chancery Court of Harrison County, Mississippi, alleging, inter alia, that Biffany had interfered with his visitation. Helmert also sought modification of the previous family court orders in regard to his child support obligation and to enlarge his visitation schedule. Biffany answered and moved to dismiss the complaint.

¶ 5. Based upon the recent abolishment of the family court of Harrison County, the Chancellor found that all matters formerly before that court were transferred to the youth court and that the chancery court had no jurisdiction of family court matters, unless the youth court specifically approved the transfer of a matter to chancery court. Thus, the Chancellor instructed Helmert to re-file in youth court. No order reflecting these instructions appears in the record.

¶ 6. Helmert filed a Motion to Transfer to Chancery Court with the youth court of Harrison County, First Judicial District, Mississippi on March 20, 2001. However, the youth court judge concluded that in the absence of an agreement between the parties to transfer the matter, he had no authority to transfer and the matter had to remain in youth court. Therefore, the motion to transfer to chancery court was denied by the youth court on May 30, 2001. Aggrieved by this ruling, Helmert appeals to this Court, presenting one issue for resolution:¹

I. After the Family Court of Harrison County was abolished by statute, was it error for the Youth Court of Harrison County to assert jurisdiction over modification and contempt proceedings in a paternity case heard by the Family Court prior to abolition?

STANDARD OF REVIEW

¶ 7. Jurisdiction is a question of law. Entergy Miss., Inc. v. Burdette Gin Co., 726 So.2d 1202, 1204-05 (Miss.1998). This Court reviews questions of law de novo. Saliba v. Saliba, 753 So.2d 1095, 1098 (Miss.2000).

ANALYSIS

¶ 8. During the 1999 legislative session, the Mississippi Legislature abolished the Family Court of Harrison County, Mississippi. The law repealing the family court stated, in part, as follows:

From and after the effective date of this act, all Family Courts are abolished. All matters pending in any Family Court abolished shall be transferred to the County Court of the County wherein the Family Court was located without the necessity for any Motion or Order of the Court for such transfer.

1999 Miss. Laws Ch. 432, § 1(emphasis added). The youth court concluded that it has jurisdiction over the parties and subject matter of this post-judgment paternity proceeding by virtue of the above law authorizing the transfer of all "pending" cases of the family court to the youth court via the county court.

¶ 9. Helmert argues that the youth court had no jurisdiction because the action was no longer "pending" within the meaning of the law repealing the family court. He points out that the initial judgment and an order of contempt of that judgment were rendered by the family court before it was abolished and neither party had filed for any further relief at the time that the Legislature abolished the family court. Though he acknowledges that a court retains jurisdiction over child custody, support, and visitation matters, and may modify those matters upon proper petition,² Helmert argues that the retaining of jurisdiction does not mean a case is "pending" as that term is used in Chapter 432, § 1.

¶ 10. In further support of this argument, Helmert points out that a new filing fee is required to reopen cases subject to modification and a new civil cover sheet must be filed with the clerk of the court. He argues that "[u]nless a case is properly reopened by one of the parties, it is clear that the matter is closed with the Court and is not a `pending' case."

¶ 11. One dictionary defines "pending" as "[n]ot yet decided or settled; awaiting conclusion or confirmation." The American Heritage Dictionary of the English Language 969 (10th ed.1981). While another defines "pending" as:

Begun, but not yet completed; during; before the conclusion of; unsettled; undetermined; in process of settlement or adjustment. Awaiting an occurrence or conclusion of action, period of continuance or indeterminancy. Thus, an action is pending from its inception until the rendition of final judgment. An action is "pending" after it is commenced by either filing a complaint with the court or by the service of a summons.

Black's Law Dictionary 785 (abr. 6th ed.1991).

¶ 12. This Court has held that "[g]enerally, when prior proceedings conducted by another court determined the custody of an infant, the prior judgment must be regarded as final, and it is not subject to attack by subsequent habeas corpus proceedings." Smith v. Watson, 425 So.2d 1030, 1032 (Miss.1983) (citations omitted).

¶ 13. We conclude that the original action in the case sub judice was not "pending" within the meaning of the law abolishing the family court. No motions or other formal proceedings seeking to modify that final judgment were pending and the litigation had ended at the time § 432 was passed, despite the right of both Helmert and Biffany to petition the court for modification or to appeal the judgment itself. Had neither of the parties' circumstances changed, this action would never have been re-opened and the family court judge's ruling would never have been disturbed. Moreover, the initial judgment in the case sub judice was entitled to full faith and credit in sister states. U.S. Const. art. 4, § 1.

¶ 14. The Mississippi Code does not specifically address this situation. Statutes grant both the chancery court and the youth court jurisdiction over the adjudication of minors. One difference, however, is that the general jurisdiction of chancery court encompasses that of youth court, whereas youth court jurisdiction is limited to specifically delineated matters, to-wit, abused, neglected, or delinquent children.

¶ 15. The chancery court has historically had full jurisdiction in divorce, alimony, and custody matters. See Miss. Const. art. 6, § 159. In the case sub judice, Helmert is seeking modification of the previous family court orders in regard to his child support obligation and enlargement of his visitation schedule—matters within traditional chancery jurisdiction. That jurisdiction has been increased and expanded by statute. Section 2743 states:

When a divorce shall be decreed from the bonds of matrimony, the court may, in its discretion, having regard to the circumstances of the parties and the nature of the case, as may seem equitable and just, make all orders touching the care, custody and maintenance of the children of the marriage.

In 1960, the Legislature provided, in Section 1263.5, that the custody and maintenance of children was not merely an adjunct of a divorce action. That section provided:

In addition to the right to proceed under section 2743, Mississippi Code of 1942, as amended, and in addition to the remedy of habeas corpus in proper cases, and other existing remedies, the chancery court of the proper county shall have jurisdiction to entertain suits for the custody, care, support and maintenance of minor children and to hear and determine all such matters.

¶ 16. In addition, the Mississippi Uniform Child Custody Jurisdiction Act (Miss. Code Ann. §§ 93-23-5 (Supp.1989)) grants chancery court the authority to hear matters involving issues of modification of custody, support and visitation issues for judgments which originated outside the state of Mississippi. Thus, Helmert argues that if the chancery court has the authority to modify certain judgments originally rendered by courts outside of the State, then the chancery court should certainly have the authority to hear a petition to modify a judgment rendered by a Mississippi court that has been abolished and which was originally directly inferior to the chancery court.

¶ 17. The youth court, a subsidiary of chancery court, specializes in abuse and neglect matters, over which it was granted exclusive jurisdiction. Miss.Code Ann. § 43-21-151 (1972) sets forth the jurisdiction of the Youth Court:

The Youth Court shall have exclusive original jurisdiction in all proceedings concerning a delinquent child, a child in need of supervision, a neglected child, an abused child, or a dependent child.

Miss.Code Ann. §§ 43-21-105(i), (j) (Supp. 1986) further delineates the...